In matrimonial disputes, general allegations against family members without specific evidence can lead to abuse of legal process, warranting quashment of proceedings.

ORDER

This Criminal Petition under Section 482 of Code of Criminal Procedure, 1973, [for short ‘Cr.P.C’] has been filed by the Petitioners/A.4 and A.5, seeking quashment of Proceedings against them in CC No.160 of 2022 on the file of the Court of Judicial First Class Magistrate, Podili, Prakasam District.

2. Petitioners/A.4 and A.5 are sister and brother-in-law of A.1.

3. The facts of the case, in brief, are as follows:

a) The marriage of Respondent No.2/Complainant with Accused No.1 was performed in 2016 and that they both set their family at Bangalore as A.1 is working in Bangalore. They lived happily for some time. During wedlock, she gave birth to a baby girl, now she is aged about 4 years.

b) A.2 and A.3 who are father-in-law and mother-in-law of respondent No.2 along with A.4 and A.5 (Petitioners herein) started instigating A.1 to harass respondent No.2. Under the influence, A.1 started harassing respondent No.2 physically and mentally and also abused her in filthy language.

c) Due to unbearable harassment, on 21.05.2017 Respondent No.2 attempted to commit suicide and she was admitted in Health India Hospital, Bangalore for Treatment. Due to corona pandemic, the couple shifted to Ongole and residing along with her in-laws/A.2 and A.3 as A.1 is doing job „work from him‟. Again, all the accused started harassing Respondent No.2 for additional dowry by disposing the landed property given to her at the time of marriage by her parents.

d) In the month of February, 2021, in order to commit suicide, she went to Ongole Railway Track and the persons, who witnessed the incident, saved her. Basing on report given by Respondent No.2, police registered the same as a case in Crime No.328 of 2021 of Podili Police Station, Prakasam District against A.1 to A.5 for the offence under Section 498-A IPC.

e) Police after completion of investigation, filed charge sheet which was numbered as CC No.498 of 2021 by the Learned Judicial First Class Magistrate, Podili against A.1 to A.5.

4. Grounds for quashment Aggrieved by the registration of the said case, the present petition is filed by Petitioners/A4 and A5 to quash the Proceedings against them in the above case on the following grounds:

(i) Petitioners are innocent of the offences. They did not commit any offences and they are falsely implicated in the above case.

(ii) Petitioners/A.4 and A.5 are wife and husband and they are living separately. Except omnibus allegations, nothing has been attributed in specific against the Petitioners/A4 and A.5.

(iii) The Petitioners never visited the house of Accused No.1.

Therefore, continuation of prosecution against them is an abuse of process of law.

Arguments Advanced at the Bar

5. Heard Ms.A.Maheswari, learned counsel for the Petitioners, Ms.K.Priyanka Lakshmi learned Assistant Public Prosecutor for State/Respondent No.1. Despite service of notice, none represented for respondent No.2. Perused the material on record.

6. Arguments advanced by the learned counsel for the Petitioners Learned counsel for the Petitioners would submit that the Petitioners herein are A.4 and A.5 and they are sister and brother-in-law of A.1. No specific allegations made against them attracting the offences lodged against them. Learned The Petitioners are wife and husband and are residing separately and they never stayed under one roof along with respondent No.2 and there are no specific allegations attracting ingredients of the offences lodged against them. Except omnibus allegations, nothing is attributed against the Petitioners. Except referring the names of A.4 and A.5, no specific reference of any incident was alleged against them. Finally, it is submitted that continuation of the Criminal Proceedings against the Petitioners is mere abuse of process of law.

7. Arguments advanced by the learned Assistant Public Prosecutor Learned Assistant Public Prosecutor would submit that there are specific overt-acts against the Petitioners. She submitted that the Court may pass appropriate orders.

Poi